Benjamin Thomas v. CVS Pharmacy’s Empirical Analysis

Citation profile

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To demonstrate pretext, the plaintiff may not simply “recast an employer’s proffered nondiscriminatory reason[ ] or substitute his business judgment for that of the employer.” Id. at 1030 . Instead, he must “meet that reason head on and rebut it, and the employee cannot succeed by simply quarreling with the wisdom of that reason.” Id. The plaintiff must be able to show both that the employer’s proffered reason was false and that the true motive for the action was discriminatory. See St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 515 , 113 S.Ct. 2742, 2752 , 125 L.Ed.2d 407 (1993). We do not act “as a super-personnel department that reexamines an entity’s business decisions”; rather, we limit our inquiry to “whether the employer gave an honest explanation of its behavior.” Id. (quoting Elrod v. Sears, Roebuck & Co., 939 F.2d 1466, 1470 (11th Cir.1991)).”

   1 later decision quote this exact passage · from the majority
   e.g. 684 F. Supp. 2d 1301 - DeLEON v. ST Mobile Aerospace Engineering, Inc.